DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-97]

Applied Research Laboratories, Inc.

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTIONS: Notice of Application for Recognition as a Nationally Recognized Testing Laboratory, and Preliminary Finding.

SUMMARY: This notice announces the application of Applied Research Laboratories, Inc. for recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents the Agency's preliminary finding.

DATES: The last date for interested parties to submit comments is October 7, 1997.

ADDRESS: Send comments to: NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor -- Room N3653, 200 Constitution Avenue, NW, Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Office of Variance Determination, NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N3653, Washington, D.C. 20210.

SUPPLEMENTARY INFORMATION:

Notice of Application

Notice is hereby given that Applied Research Laboratories, Inc. (ARL) has made application pursuant to 29 CFR 1910.7, for recognition as a Nationally Recognized Testing Laboratory.

The address of the laboratory covered by this application is: Applied Research Laboratories, Inc., 5371 NW 161st Street, Miami, Florida 33014.

Background

Applied Research Laboratories, Inc., according to the applicant, was founded in 1949, and is a Florida registered engineering corporation, with the owner as sole stockholder. The applicant states further that it is independent of any government or manufacturing organization and is capable of providing impartial analysis of products and materials.

Regarding the merits of the application, the applicant contends that it meets the requirements of 29 CFR 1910.7 for recognition to certify products in the areas of testing which it has specified. See Exhibit 2A(1).

Applied Research Laboratories, Inc. states that its application documents demonstrate that for each specified item of equipment or material to be certified, it has the capability (including proper testing equipment and facilities, trained staff, written testing procedures, and calibration and quality control programs) to perform testing and examination of equipment and materials for workplace safety purposes to determine conformance with appropriate product test standards.

The applicant states also that it shall provide, to the extent needed for the particular equipment or materials listed, labeled, or accepted, the following controls or services:

(i) Implementation of control procedures for identifying the listed and labeled equipment or materials,

(ii) Inspection of the run of such item at factories for product evaluation purposes to assure conformance with the test standards, and

(iii) Conduction of field inspections to monitor and to insure the proper use of its identifying mark or labels on products.

ARL claims that it is completely independent of employers subject to the tested equipment requirements, and of any manufacturers or vendors of equipment or materials being tested for these purposes.

The applicant also claims that it maintains effective procedures for producing creditable findings or reports that are objective and without bias, and for handling complaints and disputes under a fair and reasonable system.

ARL states that it has the capability to perform field evaluations and code compliance inspections of unique and non-listed equipment or materials at the customers' facilities. These services are supported by written procedures, quality control, and trained personnel.

In summary, Applied Research Laboratories, Inc. claims that it maintains the experience, expertise, personnel, organization, equipment, and facilities suitable for accreditation as an OSHA Nationally Recognized Testing Laboratory.

Facility

ARL's Miami facility consists of 39,600 square feet of space, consisting of segregated administrative and engineering areas. The engineering area is designed to provide each department with its own dedicated laboratory space. All laboratories are temperature controlled, and supplied with necessary utilities.

Standards

Applied Research Laboratories, Inc., desires recognition for testing and certification of products when tested for compliance with the following test standards, which are appropriate within the meaning of 29 CFR 1910.7(c):

ANSI/UL 22 -- Amusement and Gaming Machines

ANSI/UL -- 858 Household Electric Ranges

ASTM E152 -- Standard Methods of Fire Tests of Door Assemblies

UL 1838 -- Low Voltage Landscape Lighting Systems

UL 1995 -- Heating and Cooling Equipment

Programs and Procedures

Applied Research Laboratories, Inc., desires recognition for the acceptance of witnessed testing data, based upon the conditions as detailed in the Federal Register document titled "Nationally Recognized Testing Laboratories; Clarification of the Types of Programs and Procedures", 60 FR 12980, 3/9/95.

Preliminary Finding

Applied Research Laboratories, Inc. addressed all of the criteria which had to be met for recognition as an NRTL. For example, the applicant submitted a list of its test equipment and instrumentation; a roster of its personnel including resumes of those in key positions and copies of position descriptions; a description of services provided; copies of its Listing, Labeling, and Follow-Up Service Agreement; a statement of its independence as a testing laboratory; appeals procedure; calibration laboratories; and a copy of its Quality Control Manual.

Nine major areas were examined in depth during the on-site laboratory evaluation: facility; test equipment; calibration program; test and evaluation procedures; test reports; records; quality assurance program; follow-up listing program; and personnel.

Any discrepancies noted by the survey team during the on-site evaluation were adequately responded to following the on-site evaluation and are included as an integral part of the On-Site Review Report (Survey). With the preparation of the final report, the survey team was satisfied that the testing facility appeared to meet the necessary criteria required by the standard, and so noted in this On- Site Review Report (Survey). (See Ex. 2D).

Following a review of the application file and the On-Site Review Report (Survey), the NRTL Recognition Program staff concluded that the applicant appeared to have met the requirements for recognition as a Nationally Recognized Testing Laboratory for the Miami, FL facility and for the additional program/procedure and, therefore, recommended to the Assistant Secretary that the application be preliminarily approved.

Based upon a review of the completed application file, the on-site assessment report, and the recommendation of the staff, the Assistant Secretary has made a preliminary finding that Applied Research Laboratories, Inc. can meet the requirements as prescribed by 29 CFR 1910.7 to: (1) recognize the Miami, FL facility for the five standards previously listed; and (2) to incorporate the additional program/ procedure noted above.

All interested members of the public are invited to supply detailed reasons and evidence supporting or challenging the sufficiency of the applicant's having met the requirements for recognition as a Nationally Recognized Testing Laboratory, as well as Appendix A, of 29 CFR 1910.7. Submission of pertinent written documents and exhibits shall be made no later than October 7, 1997, and must be addressed to the NRTL Recognition Program, Office of Variance Determination, Room N 3653, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, D.C. 20210. Copies of the ARL application, the laboratory survey report, and all submitted comments, as received, (Docket No. NRTL-1-97), are available for inspection and duplication at the Docket Office, Room N 2634, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address.

The Assistant Secretary's final decision on whether the applicant (Applied Research Laboratories, Inc.) satisfies the requirements for recognition as an NRTL will be made on the basis of the entire record including the public submissions and any further proceedings that the Assistant Secretary may consider appropriate in accordance with Appendix A of Section 1910.7.

Signed at Washington, D.C. this 1st day of August 1997.

Greg Watchman,
Acting Assistant Secretary.

[FR Doc. 97-21013 Filed 8-7-97; 8:45 am)